In the war on soda in New York City, the state’s highest court is next in line to make the call. Bloomberg Businessweek reports that the court is scheduled to hear a bid by city lawyers today to reverse a judge’s decision striking down the rule. It will be the last chance for members of beverage and trade groups to argue against the attempted city cap on sugary drinks sold in restaurants, movie theaters, stadiums and arenas.

Previously, MedPage Today reported that New York City lawmakers faced a setback when the decision that the ban was unconstitutional was upheld on appeal.  The regulation banned the sale of sodas and other sugary drinks that are larger than 16 ounces.  The ban was struck down and that decision was upheld on appeals because of the exceptions built into the law.

According to The Washington Post,the ban was on drinks with more than 25 calories in every eight ounces of the beverage.  It could have been originally manufactured as sweetened or a caloric sweetener was later added in.  Certain beverages were exempted, including pure fruit juices or fruit smoothies, drinks that are more than half milk including milkshakes, alcoholic beverages, and calorie-free diet sodas.  Coffee beverages that were sweetened and were composed of less than 50 percent milk come under the purview of the ban.

The $76 billion U.S. soft drink industry is watching the case along with similar initiatives, including a California proposal that would require warning labels on soda and other sweetened beverages, similar to those on cigarettes and alcohol.